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acerbic

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About acerbic

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  1. Thanks, I would say that it's fit for purpose but I'm having it checked by a garage that I trust. It's my daughter that will be driving the car after all. I know that I've had incorrect information, whether deliberately or not. I just wanted to make sure that I wasn't barking up the wrong tree. Last thing I'd want to do is get to court and the wrong legislation is being used. I'm hopeful that when I issue court proceedings he'll come to an agreement with me but I need to be prepared to go the distance, which I am. Kind regards Nick
  2. Bought on 21 August and started cancellation dialogue after receiving the log book on Tuesday 18 Sep 2018 from DVLA. Interestingly, I have just received a bizarre letter from DVLA asking if we still own the vehicle as they have received an application for the vehicle. It's all getting a bit strange.
  3. Hoping someone can help. I recently bought a car from a trade seller for my daughter after seeing an advert on FB. I went and viewed the vehicle, and I asked the seller some specific questions, one of which was "has the car ever been written off?" (I have a witness who was with me when the questions were asked). The seller said it hadn't and I also got a friend who is a car dealer to do a full HPI check, which came back clean. The seller said that he hadn't received the log book (V5) back from DVLA and that we would have to apply for it. Nothing untoward with that. I purchased the car and it's now registered in my daughter's name. However, when the log book came back from DVLA it had the dreaded this car has been salvaged having sustained structural damage and repaired, ie it's a Cat C or Cat S meaning that its value is greatly reduced. We paid £2900 for the car and it's worth around £2000. I have written to the seller and asked to cancel the contract under the misrepresentation act 1967 as I believe I had been deliberately misled when the seller stated it wasn't written off. I have given the seller 14 days to respond. The seller is leaning on the fact that when he sold be the car it was HPI clear. I have said I will take it to court. It seems there's a loophole whereby once the car is declared a write-off the insurers keep the log book but the HPI data isn't updated until the new owner applies for the log book from DVLA. I strongly suspect that he knows that the HPI doesn't get updated and therefore he can sell the car 'clean'. My question is am I taking him to court using the correct legislation? ie (Misrepresentation Act 1967. I am wondering whether I should be using Consumer Protection regulations against mis-selling but I'm not sure. Any advice is appreciated. Nick
  4. Many thanks to all. We have waited until she had been paid to know how many hours she has been paid for. As I suspected, the hours are well short of the hours she actually worked. Most of the other parents of the young children feel the same way, but I'm not doing it for them just my daughter. It was a one off event, but was well publicised locally. I need to know what to do next in order to get the money owed to my daughter with the minimal fuss. Do I send a letter before action? What am I claiming for, what contract has he breached? I do realise that he may have broken the law regarding employing young people but having him prosecuted is not my concern, indeed he'd have even less money to pay up if he got prosecuted. We are only talking about £100 or so, but to me it's the principle, she worked really hard there, came home shattered every night and I feel she deserves the money owed to her.
  5. Hmm. She is only 16 too. I know there are certain laws surrounding her age and breaks. I wonder if it's worth approaching the boss and see what he says. Most of the time she was there from 8.30am to 10.30pm, a 14 hour day. But she'll only get paid from 10.00am to 4.30pm then 6.30pm to 10.30pm. Doesn't sound fair to me.
  6. My daughter has just finished being a frightnight actor at an attraction. She was asked by the boss to be at work for 8.30am every day, for make up but was told that she wouldn't paid until the place opened at 10.00am. She was told that she had a two hour unpaid break in the afternoon from 4.30pm to 6.30pm. BUT she was expected to be in make-up getting ready during this two hours break. Question is, is right that she doesn't get paid for those hours even though they form and integral part of the working day? If he's asked that she be there early, does he have to pay her if he's requested her presence? All thoughts gratefully received.
  7. You will not have to go to Northampton. You will, ( I think), get sent an allocation questionnaire from the court after you file your defence. The allocation questionnaire will ask where you want the case to be heard, that's where you say XXXXX. Have you sent the court an acknowledgement of service? I am going through the court process at the moment and have a couple of days left to file my defence. If it helps, you're not alone.
  8. I have nearly finished my defence, but I am struggling with one particular piece of the argument. I want to argue that the residents shouldn't have to pay the costs of running an office that receives two letters per year that directly relate to us, and sends out eleven invoices a year that directly relate to us. I don't want the developer to be able to use his office costs in the calculation of the management charge, (that's basically all the management charge is anyway), when we get in front of the Judge. Anyone help with the words on this one, submitting the defence on Thursday.
  9. I intend to defend part of the claim as follows, that the charges levied are unreasonable and I will use the Landlord and tenant act 1985 section 18(1) as the basis for this. I will be paying the actual charges the have been incurred, ie electricity and pumping station cost. I want to leave it to a judge to determine a reasonable amount for "management".
  10. Hi Kirmistan and thanks for your thoughts on this, I do agree that it could look bad on my part to have not paid anything. My reason for this is simply that I wanted to have the judge tell us what was fair and reasonable, not have him bully us all with threats of court action if they didn't pay up. The residents have written to him before asking for accounting of the management charges, and he put them up because we asked !!! (£395 to £495), then they went up again after he had to pay his own costs from a previous court case involving another resident. (£495 to £695). I fear even that if I do get some kind of victory in the court, he will just up the management charges to reflect his losses, and 9 out of 10 will pay so he won't lose out.
  11. I wonder if BankFodder would drop by and take a look at this thread, he was of great help before. Many thanks to you all.
  12. Anybody able to help word the defence with me, I need to say that the management charges are unfair. CPUTR rules?? Has pre action protocol been followed, what do I need to say regards that? Anyone please....
  13. The developer has issued a claim against me. The developer is also the manager and owner of the private road on which we live. I intend to fully dispute the claim. The date of service is today, 3rd May so I have a little time to get things together. He is claiming £265 for what he states in the POC as "charges incurred by our company on behalf of the residents of XXX which is a private road owned by our company. There are clauses in the sales contract for each property which allows us to pass on the charges and make a charge for management costs. The 10 other residents have settled their accounts in full." The charges are for a Pumping station and the Electricity that runs the pumping station. But he's charging us nearly £700 a year to "administer" these bills that come in annually. Right, so let me just say that the accounting system he uses is a mess, so I need to show that in court. He has been charging VAT at 20% on the electricity even though he only gets charged 5%. I have paid all the bills that he has incurred but I will not pay his extortionate management charge. But what I am looking for is a bit of help to really nail this once and for all. I can show the court that I have paid all charges in full EXCEPT his management charges. I am not paying any management charges because, 1) He has raised the management fee for the 11 properties from £395 to £695. Now obviously I only pay one eleventh of that, but our clause in our sales contract he talks about states that all charges should be reasonable. The reason he raised the charge by £300 was to recuperate money he lost taking another resident to court for a similar matter. He has been talking about my personal situation with other residents. Is he in breach of Data Protection Laws? He has deliberately mixed up the payments I have made and apportioned them to the wrong bills, making it look like I haven't paid one of the at all. The accounts that he has submitted in his POC are different to the ones he has given me. How do I get back the money I am going to lose in defending this? Do I just ask the Judge to award costs, or do I have to counter-claim? In short, I have paid my share of pumping station charges and electricity, but owing to the 40% rise in management charges and no justification or reasonable excuse for it, I haven't paid any management fees. I just want to pay what is fair and reasonable, I am not his personal cash cow. If anyone could help me, I'd be very grateful.
  14. Roll on two years..... Now the developer has issued a claim against me. I intend to fully dispute the claim. The date of service is today, 3rd May so I have a little time to get things together. He is claiming £265 for what he states in the POC as "charges incurred by our company on behalf of the residents of XXX which is a private road owned by our company. There are clauses in the sales contract for each property which allows us to pass on the charges and make a charge for management costs. The 10 other residents have settled their accounts in full." Right, so let me just say that the accounting system he uses is a mess, so I need to show that in court. But what I am looking for is a bit of help to really nail this once and for all. I can show the court that I have paid all charges in full EXCEPT his management charges. I am not paying any management charges because, 1) He has raised the management fee for the 11 properties from £395 to £695. Now obviously I only pay one eleventh of that, but our clause in our sales contract he talks about states that all charges should be reasonable. The reason he raised the charge was to recuperate money he lost taking another resident to court for a similar matter. He has deliberately mixed up the payments I have made and apportioned them to the wrong bills, making it look like I haven't paid one of the at all. The accounts that he has submitted in his POC are different to the ones he has given me. How do I get back the money I am going to lose in defending this? Do I just ask the Judge to award costs, or do I have to counter-claim? In short, I have paid my share of pumping station charges and electricity, but owing to the 40% rise in management charges and no justification or reasonable excuse for it, I haven't paid any management fees. If anyone could help, I'd be very grateful.
  15. Hi there you could have a read of this. http://www.consumeractiongroup.co.uk/forum/showthread.php?388385-Unfair-various-Mortgage-charges-reclaim-from-early-90’s-success
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